TN Visa with criminal charge

Hi,

I am a Canadian citizen and will be applying for a TN visa at the border later this month. I do not have a criminal record, but I was arrested and later pled guilty to mischief (charged as a summary offence) in 2006 and received an absolute discharge. The original (withdrawn) charge was for arson. Also, I have made one short trip to the US since 2006 (last month) and was never asked about it.

What should I answer on the I-94 form for the question "Have you ever been arrested or convicted for a crime involving moral turpitude..."? Do I need to get legal advice?

Thanks

Ignoring the spammer....

Your permission to enter the US on TN is the same as on tourist entry.

The I-94 does not have any "questions" on it, so I don't know what you are referring to. You don't fill out any forms to get a TN at the border.

Sorry, maybe I have the wrong name, perhaps it is called the I-94W form. Don't I have to fill out the form shown here?
http://www.immihelp.com/visas/i-94w.html

This form does not apply to you. You do not need a visa waiver, because Cdns simply do not get visas, period. they are not part of the visa waiver program.

You go to border with your TN documentation and that is it. CBP will issue you an I-94 (not I-94W) that THEY fill out.

immihelp is a good website, but not for TN. None of that site applies for TN.

So will they ask any questions about being arrested or charged with anything? And should I disclose what happened? Would they even have access to records of my arrest and charges?

As I said earlier, admisability on TN non-immigrant status is the same as when you entered as a tourist.

Since they did not pull you in when you went down as tourist, there is nothing on your record and none of these questions are asked when you go for TN.

OK, thanks very much, I wasn't sure what you meant about the tourist thing.

Your record does not always show up when they run your name. When applying for a TN though, there will be a full criminal history run and the record will be there. Mischief will not keep you out of the USA, but if the Arson charge is still on the record, you will be refused.

I ended up consulting an immigration lawyer and was told that they would probably see the mischief charge but not the arson charges, but if they saw both I could still get in by bringing documentation that the arson charges were withdrawn.